On 25 Mar 2001, at 18:58, dian sandefur wrote:
> Where can i find something that will tell me the limitations on
> Executive Orders?
Look to the ever changing opinions of the Supreme Court as they
attempt though the years to define The Constitution's Separation of
Powers clauses:
http://supreme.lp.findlaw.com/constitution/article02/01.html#11
The last paragraph there is most revealing:
"In the course of deciding that the President's action in approving
the closure of a military base, pursuant to statutory authority, was
not subject to judicial review, the Court enunciated a principle that
may mean a great deal, constitutionally speaking, or that may not
mean much of anything. The lower court had held that, while review
of presidential decisions on statutory grounds might be precluded,
his decisions were reviewable for constitutionality; in that court's
view, whenever the President acts in excess of his statutory
authority, he also violates the constitutional separation-of-powers
doctrine. The Supreme Court found this analysis flawed. ''Our cases
do not support the proposition that every action by the President, or
by another executive official, in excess of his statutory authority
is ipso facto in violation of the Constitution. On the contrary, we
have often distinguished between claims of constitutional violations
and claims that an official has acted in excess of his statutory
authority.'' Thus, the Court drew a distinction between executive
action undertaken without even the purported warrant of statutory
authorization and executive action in excess of statutory authority.
The former may violate separation of powers, while the latter will
not."
Therefore the limits are Constitutionally liberal when the Executive
is careful not to cross the lines that define the Separate Powers of
the US Constitution. If The Executive crosses the line then his/her
limits run out.
Alan
[EMAIL PROTECTED]
